Portugal and Lithuania and Trans Rights

Members of the European Parliament have reacted to recent developments in national laws affecting transgender people. On 16 March 2011, the new Law establishing procedures for change of name and sex in the civil register came into force in Portugal. The new law does not require divorce, sterilisation, hormonal treatment or surgery to officially change gender, although a medical diagnosis will remain necessary.

Rui Tavares, MEP from Portugal and Vice‑President of the LGBT Intergroup, said: “I am proud that colleagues in Lisbon ended the legal uncertainty surrounding gender reassignment procedures. Portugal keeps leading the way as a progressive country for LGBT people in Europe, and transgender citizens can now benefit from one of the most progressive laws in the world.”

In contrast, on 8 March 2011 Members of Parliament in Lithuania tabled a proposal to outlaw gender reassignment surgery. The bill proposed by Antanas Matulas MP, Chairman of the Committee on Health Affairs, would prohibit doctors and surgeons from performing gender reassignment operations. This would constitute an insurmountable obstacle for transgender persons in the country.

Raül Romeva i Rueda MEP, Vice-President of the LGBT Intergroup, reacted: “Some Lithuanian Members of Parliament make it sound as if they are under siege by transgender people, when all they need is accessing essential healthcare to protect their human dignity. How the European Union can intervene is currently unclear, but we will use of our mandate to the greatest possible extent to stop this ban from becoming law.”

The LGBT Intergroup will continue monitoring developments in Lithuania regarding gender reassignment procedures, legal recognition of transgender people’s identities, and freedom of expression.

Lithuania's Section 28

The Parliamentary plenary sittings in Lithuania will start from 10th of September and the new amendments to criminalize "propagation of homosexual relations" will be put on vote.

The amendments are:

Amendment to the Penal Code (registered under number XIP-668(2))

Inclusion of the new Article 310¹ . Promotion of homosexual relations in the public places
1. A person promoting homosexual relations in public places is committing a

criminal offence which is punishable with public works or fine or arrest.
2. Legal person is also responsible for this criminal offence.

Amendment to Administrative Code (registered under number XIP-667(2)

Inclusion of the new 214³º article
Article 214³º. Promotion of homosexual relations or financing of promotion in public places.
Promotion of homosexual relations or financing of promotion in public places is to be fined by fine from one to five thousand litas.

These amendments were under consideration at the Committee on Legal Affairs who were accepting suggestions for further amendments until August 23. LGBT Activists, MEPS, the European Parliament LGBT Inter-group, LGBT Organisations all wrote expressing their concerns to the chair of the Committee Mr. Stasys Sedbaras sending copies to the Lithuanian national equality body - Ombudsperson for Equal Opportunities Ms Ausrine Burneikiene. She has a duty and full powers to protect from sexual orientation discrimination at the national level.

Previously in June 2009 when the Lithuanian parliament first adopted the amended Law on the Protection of Minors against the Detrimental Effect of Public Information., it introduced a law similar to section 28 outlawing “propaganda of homosexuality and bisexuality” because of the detrimental effects on minors. Information on homosexuality and bisexuality would also be banned from schools and any other places where it can be accessed by youth.

This was despite campaigning by MEP’s, the European Parliament LGBT Intergroup, Ilga-Europe, IGLYO (International Lesbian, Gay, Bisexual, Transgender and Queer Youth and Student Organisation), Lithuanian Gay League, other organisations and a veto on the law on 26 June 2009,by Valdas Adamkus, the former President of the Republic of Lithuania. On, 14 July, the Lithuanian Parliament once more adopted the Law on the Protection of Minors Against the Detrimental Effect of Public Information which means that President Adamkus’ veto was rejected.

In an interview, to the newspaper Verslo žinios, current President Dalia Grybauskaitė commented that “In my opinion, this law contains homophobic provisions. There cannot be any ‘higher’ reason which would aim to overshadow fundamental human rights. I promise that I will never sign any law which will contradict fundamental human rights.” Despite the fact she criticised this law and said she will never sign a law which breached fundamental human rights, she is obliged by the country’s constitution to sign this law. (Source: www.delfi.lt)

During the campaign, Michael Cashman, MEP said "It is my duty as an elected member of the European Parliament to act strongly against grave attempts to diminish human rights of EU citizens". Cashman, who is President of the Intergroup continued “This new law is a spit in the face of the European values. To limit freedom of expression based on homophobia is a clear breach of EU’s fundamental rights and principles.”

The campaign continues. Lithuania intends to host Baltic Pride in Vilnius from May 7 - 9, 2010.

The photograph is of delegates to the Ilga-Europe Conference in Vilnius 2007 standing outside the hotel facing up to anti-gay protesters. UNISON delegates had brought their TUC flag with them.

Baltic Pride

It was a rocky ride all the way for Baltic Pride. After being giving the go ahead to proceed on May 16th, more than half of the members of the Rīga City Council – 34 in all – then signed a letter to the executive director of the city, Andris Grīnbergs, calling on him to repeal the permission “as the decision taken by the commission is in violation not only of the normative acts that are listed in the letter, but also of the interests of people in Rīga…” The letter also stated that the march in the streets should be banned “because of a real threat against public security and morality,” . Mozaika the Latvian LGBT organisation met with Grīnbergs and the police and they understood hat a prohibition on the march would be unlawful. However, Riga City Council Commission continued with it's prohibitions on the Baltic Pride march. Mozaika then applied to the Administrative Court which lifted the ban on the Baltic Pride March which was scheduled for the following day. A representative of the Riga City Council at the court could not provide clear justifications why the City has banned the March. The Court hearing was attended by the representatives of No Pride Movement, Roman Catholic Church in Latvia and a religious sect New Generation. All three asked the Court to be allowed to participate in the hearing as interested parties but were refused permission.

Bans on LGBT Pride Marches were also lifted by the Latvian courts in 2005, 2005 and 2006. The Pride March in 2006 in Riga resulted in a hotel being held under seige.

So after all the ups and downs, finally the march went ahead. Just under 600 people took part in Baltic Pride. It was the first time that it had been jointly organized by lgbt organizations representing Latvia, Estonia and Lithuania. The anti-gay protesters came out in force but it was very well policed and there were no reported arrests. The area around Vērmaņdārzs Park in the city centre was the focal point for the march and the celebration area was sealed-off by police. Security was tight for those who wanted to take part and gain entry to the park. The protestors gathered outside the park in cordoned-off areas. There were placards and posters with hate messages and the protestors called for LGBT people to be exterminated in gas chambers.

One anti-gay activist Liga Dimitere, wife of Kaspars Dimiters, who is a well-known Latvian religious figure, was allowed into the secure area. She then walked backwards at the start of the parade. Dressed in a long black dress and wearing a white scarf, she carried a heavy wooden cross around her neck, She called on the Mothers of the Baltic States to wear white scarves and come to the march and “save the souls of their children from the sodomites, which are going to celebrate the “victory day” of their morbid pride. The government of my country allowed it and resigned from preventing our children from this unchastity”. She did not shout but every now and then would stop, so the Pride marches just down and then rose up at intervals to give a Mexican wave effect. Towards the end of the march, she threw herself to the ground and her husband knelt at her side praying. The pride marchers just walked passed her.

Taking part in the march were people from around 15 different countries, in addition to the three Baltic States. They came from as far apart as the Faroe Islands to Turkey, arranged by Amnesty International. Ilga-Europe, Pride London, which is ‘twinned’ with Riga Pride. A section of the march was also holding placards which said marching for those who can’t which was very significant.

Richard Moon, the UK ambassador invited guests to the UK embassy for tea and biscuits. He used the opportunity to present Mozaika with the FCO LGBT toolkit which had been translated into the three Baltic languages.

Next year, Baltic Pride will take place in Lithuania.

What did Clumsy Cameron really say?

The BBC reported the headline today 'Lithuanians riled by Cameron quip'. The Tories responded saying that David Cameron meant no offence at an off-the-cuff remark at the Arts Council last week. The Tory leader's apparantly commented that he hoped no grants were given to "one-legged Lithuanian dance troupes". This hit the headlines in the Baltic state and
Ambassador Vygaudas Usackas wrote to Mr Cameron saying it had caused "great concern" in his homeland. The Tories said he had been referring to concerns that grants ended up with unusual causes and meant no offence. The remark was reported in the Mail On Sunday last week sating that Mr Cameron had been overheard referring to "one-legged Lithuanian lesbians". His office later said that was not correct and he had referred to "one-legged Lithuanian dance troupes", to make a serious point about Lottery grants.
The story was picked up by Lithuanian newspaper Lietuvos Rytas, and prompted a letter from the Lithuania's ambassador, Mr Usackas who wrote "It would be incredibly helpful to understand exactly what you [Cameron] meant when referring to 'Lithuanians' and how this relates, if at all, to the Arts Council. This will enable me to pass your [Cameron's] message to the many Lithuanians living in the UK and also to their homeland, where this report has caused a great deal of concern." A Tory party spokeswoman said that Mr Cameron had plucked the word "Lithuanian" from the air and had not intended to make a comment about the country or its people and that he was making a point about the perception that grants can end up going to unusual causes." She added that; "It's not in any way a slight to Lithuania, with which we have very friendly relations."

So it is fine for Mr Cameron who has disabled children to quip about disabled people. Also it would not surprise me if the Mail on Sunday has quoted him quite correctly and having just returned from a LGBT Conference in Lithuania, such comments would be insensitive and idiotic. The climate in the country against is LGBT people is particularly hostile. And then to even think that it is okay for the leader of a major political party who thinks that he could be Prime Minister to refer to any other country or nation in such a way, it makes you wonder what state our nation is in. As a disabled lgbt person, words fail me. Both the man and his party have no understanding of equality.

Also read article in Pink News for further details and lack of reaction from CEHR!